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On Nov. 20, 2002, at the Logan County
Courthouse, Judge Charles Feeney III ordered Gordon McCann to clean
up his properties. The properties that McCann owns are located at
120 Webster and 1714 N. Jefferson St. The judge has given him until
Feb. 13 to get the job done.
While the city's attorney, Bill Bates,
asked for $50-per-day fine to be assessed back to May of 2002, a
state statute only allows fines of $750 per count. McCann was
charged on five counts for a total fine of only $3,750 for the
violations.
Bates said it may be possible that the
appeal may be premature, but McCann has filed a notice of appeal
already.
The city will need specialized
appellate counsel to handle the matter, Bates said. A representative
will cost $3,000 to $5,000 in legal fees to pursue the appeal.
Alderman Verl Prather asked, "What's
our other options?"
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article]
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Bates said, "Don't appear on the
appeal, and if he wins we're back in the trial court, and if he
loses we're still where we are right now.
"There's been three city attorneys
before me have tried to get these properties cleaned up. It hasn't
happened yet. He's under court order to do it now," Bates said
Bill Busby said, "I would say that he
has been a thorn in our side for a number of years."
Alderman Benny Huskins said, "Well,
it's going to cost you $5,000."
Busby responded, "In my opinion, it
might put an end to it, I don't know."
Alderman Jonie Tibbs said, "I'm sorry,
I don't understand how you could live this way and the neighbors
around there have to accept it."
Bates said
the city, city attorney's office and code enforcement officer have
all done everything in their power to rectify the situation. "We
have prevailed in court, at this point," Bates said.
[Jan
Youngquist] |
